Authors Guild v. HathiTrust Jonathan Band policybandwidth

The Origin of the Dispute Google Library Project announced—December 2004 Authors Guild and publishers sue Google— October 2005 Settlement announced—October 2008 Judge rejects settlement—March 2011 Jonathan Band policybandwidth

The Origin of the Dispute Google provided partner libraries with scans Under settlement, restrictions placed on what libraries could do with their scans But—libraries could designate two hosts of “Research Corpus” for non-consumptive research Jonathan Band policybandwidth

The Origin of the Dispute HathiTrust formed in 2008—Google partner libraries plus others Includes Google scans plus scans made by libraries Over 10 million volumes in HathiTrust database Jonathan Band policybandwidth

The Origin of the Dispute Since rejection of the Google settlement, HathiTrust has been considering what it can do with its scans Access for print-disabled, preservation Orphan Works Project Jonathan Band policybandwidth

HathiTrust Orphan Works Project Definition of Orphan Work Process of searching for copyright owner Posting list of proposed orphans Access limited to authorized users, limits on number of simultaneous users Jonathan Band policybandwidth

HathiTrust Orphan Works Project Authors Guild, associations in Australia and Quebec, plus eight individual authors, filed suit in September 2011 against HathiTrust, UM, UC, UW and Cornell Amended complaint adds other authors’ associations Litigation targets the internal copies made by HathiTrust as well as the Orphan Works Project Relief: Database should be impounded until Congress passes orphan works legislation Jonathan Band policybandwidth